مجله مطالعات فقه معاصر
سال چهارم شماره 6 (پاییز و زمستان 1397- بهار و تابستان 1398)

In this article, among the extensive studies on hijab, only religious studies of hijab are examined from the perspective of problemology and methodology. The requirements of religious research on the subject of hijab are as follows: paying attention to "religion's view towards women", "the nature and position of women in religious texts", "individual or governmental nature of hijab", "and limits of covering "," relationship between men and women "," exceptions to Hijab and the place of sexual instinct". The researcher of the issue of hijab from a religious point of view, without determining the task of the aforementioned issues, cannot achieve the desired result. The research method in this subject follows several principles and rules. Among those principles are "a comprehensive view of religious evidence", "a view of the hijab in the collection of women's issues", and "attention to the developments of human life".

The title of the forthcoming discussion is the study of Quranic arguments on the issue of hijab; with the view that the Holy Quran as one of the important sources and references of Islamic knowledge and jurisprudence, what does it mean on the issue of hijab? In the Holy Quran, there are several verses about the religious veil and maintaining the hijab in certain areas. But how much women are required to wear the hijab in public is a matter of debate. From this point of view, in the present article, an attempt has been made to examine four verses of the Holy Qur'an that have more explicit implications on this issue; these verses are stated in the Holy verses of Al-Aḥzab and Surah An-Nur verseas as follows: Khimar (Surah An-Nur, verse 31), Jilbab (Al-Aḥzab, verse 59), Hijab (Al-Aḥzab, verse 53) and negation of Tabarruj - means to be manifest before the eyes of people - (Al-Aḥzab, verse 33). Of course, in the present article, only the first three verses have been examined.

"Recognizing the nature of rulings" is one of the necessities that have been less considered and neglected in jurisprudential issues. What is common among Muslim jurists is that the jurist makes inferences based on evidence and states that an action is obligatory or haram (forbidden by Islamic law) or makrooh (disapproved) or states its wadh'ei (declaratory) laws. Therefore, it is thought that more research and reflection should be done in this area as a serious concern. With this premise, the present article attempts to examine the "nature of the ruling on hijab." And while stating the premises, using the evidences and proofs from the Quran and tradition and examining the point of view of experts, the nature of this ruling should be explained and recognized; although the nature of the ruling on hijab is, in fact, the second issue of the issues related to Hijab. And the first issue is what the ruling on hijab is. But when it is accepted in answer to the question that in Islam there is a mandatory ruling on modest clothing for men and women, and then the second question arises: what is the "nature" of this ruling? Therefore, understanding the nature of the ruling on hijab is of particular importance.

It is possible to provide a documentary picture of the social history of the Prophetic era by examining historical narrations and reports and sometimes tracing codes that are extracted from the sub-meanings of these narrations and reports and not the main ones. Islamic Hijab as one of the rules of Islam with regard to social emergence is a category of social history and in addition to verses, hadiths and jurisprudential data, historical reports can be used. In the present article, the situation of hijab in the prophetic era is explained in a descriptive and analytical manner and based on historical documents focusing on the clothing of women in the age of revelation. Based on the findings of this study, the historical documents showing the clothing of women in the prophetic era can be studied in two parts before and after the revelation of the verses of hijab. Prior to the revelation of the verses of hijab, women's modesty was due to their ethnic and tribal culture, adherence to pre-Islamic religions and sects, and perhaps their innate tendency to veil. After the verses of hijab, the cultural requirements of ethnic and tribal law were replaced by the obligation to obey laws. The way the Prophet dealt with the issue of women's modesty added to the importance of enforcing this ruling. What is certain is the inaccuracy of generalizing the type and amount of hijab, both minimum and maximum hijab, equally to all regions of the peninsula; because the tribal system does not tolerate the same social behavior due to cultural diversity and it can only be proved that principle of modesty existed before the revelation of the verses of hijab. After that, it became more disciplined and prominent as a religious ruling.

The issue of women's modesty and clothing and its realm is one of the earliest jurisprudential issues that have been raised in two jurisprudential discussions, "the modesty and dress of the worshiper" and "looking at the non-mahram woman". "The necessity of covering the whole body" and "the necessity of covering the body with the exception of hands and face" are two well-known jurisprudential views. However, in some jurisprudential books, possibilities such as the exception of that part of the hair that is shed on the face or exceeds the head have been raised. However, it has not been given much attention, so that the jurists of all Islamic sects have a combined consensus on covering the body except the hands and face. In this article, in addition to explaining this issue, some attributions to jurists have been examined. The discussion, in the usual way of jurisprudential discussions, has started from the background of the subject and the consensus of the Islamic jurists and has examined the verses, hadiths and conducts of Muslims.

The subject of this paper is "the social purposes and intentions of the religious hijab" and the main discussion is about the "subject" of this issue; this is because knowing the "subject" and its characteristics and the relationship it establishes with the various dimensions of human life has a serious impact on the verdict. Obviously, something that has a useful function and a positive effect, with something that has a destructive role, causes harm and damage in human life, will be different in terms of judgment. Therefore, based on clinical experiences and external observations of society, various achievements are obtained that can help to better understand the "subject" and identify its religious dimensions and, as a result, discover the verdict. In this paper, an attempt has been made to explain that hijab is more a rational law than a religious law, to show that to what context does hijab flow and what are its requirements, and in the end, its non-observance may lead to problems, costs and damages.

"The School of Contemporary Jurisprudence Studies" is one of the new programs of the Miftah Keramat Institute in the new conditions of the country.  It intends to discuss some jurisprudential issues with the contribution of professors and researchers at any stage and provide them to the audience. "Jurisprudential challenges in the issue of hijab or women's clothing" is the first topic which will be discussed at the "School of Contemporary Jurisprudence". Aspects of this issue will be examined in the presence of professors and will be provided to the audience virtually. This program will be held with the participation of two great professors, Ayatollah Seyed Mohammad Ali Ayazi and Ayatollah Seyed Zia Mortazavi. And the common issue under discussion is the issue of "the right or responsibility of the Islamic State towards the women's Hijab." It is necessary to pay attention to the fact that this discussion is purely jurisprudential and does not refer to a specific society or government; as if a jurisprudential issue was discussed in the seminary of Najaf or Qom or two Shiite scholars and jurists in Lebanon are discussing this issue: does the Islamic State have a right or a duty regarding women's clothing or not? Another point is that both professors agree with the principle of women's Hijab as a religious duty along with other duties. Discussing the duty or right of the Islamic State regarding hijab is one of the functions of the issue of hijab. In this paper, first the claim or Mukhtar (authoritative views) of both professors will be reported and then their arguments will be presented in the form of a bilateral discussion. In such a way that in any presentation, the arguments or considerations of the other party are expressed there.

The present article was organized into three parts: the first part is called introduction and entry and includes introductions, followed by a concise and detailed report of treatises and books on Hijab, on which the highest part of the paper is devoted. The third section, entitled completion, deals with the issue of Kashf-e hijab (Unveiling', banning all Islamic veils including headscarf and chador) during the reign of Reza Shah Pahlavi, did they seek to unveil (Kashf-e hijab), which means the nakedness of Muslim women? Or was their goal to ban women from wearing Chador (a full-body-length shawl held closed at the neck by hand or pin) and to require them to cover themselves without Chadors? The difference between the official announcement and the practical behavior of the government and the lack of views and moderates on both sides, has added to the complexity and the negative and harmful socio-cultural consequences of this story, and this point is worth considering.